lake minnetonka conservation district...

LAKE MINNETONKA CONSERVATION DISTRICT

Wednesday, April 11, 2018

Wayzata City Hall

600 Rice Street, Wayzata, MN 55391

WORK SESSION

6:00 p.m. to 7:00 p.m.

The purpose of the Work Session is to allow staff to seek input from the Board and for the Board to

discuss matters in greater detail than generally available at the formal Board Session. The Board may

give staff direction or express a preference, but does not formally vote on matters during Work

Sessions. While all meetings of the Board are open to the public, Work Session discussions are

generally limited to the Board, staff, and designated representatives. Work Sessions are not videotaped.

1. Preliminary Discussion Proposed 2019 Budget

FORMAL BOARD AGENDA

7:00 p.m. to Adjournment

The purpose of the Formal Session is to allow the Board to conduct public hearings and to consider

and take formal action on matters coming before the LMCD.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. APPROVAL OF AGENDA

5. CHAIR ANNOUNCEMENTS, Chair Green

6. APPROVAL OF MINUTES – 03/28/2018 LMCD Regular Board Meeting

7. APPROVAL OF CONSENT AGENDA

A) Audit of Vouchers (04/01/2018 – 04/15/2018)

LMCD Board Meeting

April 11, 2018

8. PUBLIC COMMENTS- Persons in attendance for subjects not on the agenda (limited to 5 minutes)

Audience members may provide information to the Board. The Board generally will not engage in

public discussion or take action on items not on the agenda. The Board may ask for clarifications

or direct staff to report back on items at future meetings.

9. PUBLIC HEARINGS

A) None

10. OTHER BUSINESS

11. OLD BUSINESS

12. NEW BUSINESS

A) Request for Save the Lake Funds – Hennepin County Sheriff’s Office Water Patrol

B) Resolution 172 Supporting County Funding for Additional Sheriff’s Deputies on Lake Minnetonka

C) Request for Save the Lake Funds – Libbs Lake Association

13. TREASURER REPORT

14. EXECUTIVE DIRECTOR UPDATE

A) 2017 Budget & Activities Summary

B) Map Request Status

C) Development of New Public Education Information

15. STANDING LMCD COMMITTEE / WORKGROUP UPDATE

• Aquatic Invasive Species Taskforce

• Budget Workgroup

• Communications Workgroup

• Recodification Workgroup

• Save the Lake Committee

• Strategic Plan Subcommittee

16. ADJOURNMENT

Future Items- tentative

• Prioritization of Activities Calendar – TBD

• Lake Use Vision and Policy Discussion Continuing Series – TBD

• Lake Sales Discussion- TBD

• White Bear Lake Update – TBD

LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 P.M., March 28, 2018

Wayzata City Hall

WORK SESSION 6:00 p.m. to 7:00 p.m.

Members present: Jay Green, Mound; Gregg Thomas, Tonka Bay; Bill Cook, Greenwood; Gary Hughes, Spring Park; Dennis Klohs, Minnetonka Beach; Chris Rich, Woodland; Mark Kroll, Orono; Mike Molitor, Minnetrista; and Andrew Punch, Excelsior.

Also present: Vickie Schleuning, Executive Director; Troy Gilchrist, LMCD Legal Counsel; and Matthew Cook, Environmental Administrative Technician.

Members absent: Dan Baasen, Wayzata; Ann Hoelscher, Victoria; Sue Shuff, Minnetonka; Jake Walesch, Deephaven; and Deborah Zorn, Shorewood.

Chair Green stated he would like to add a Work Session Item 3 regarding Deicing Licenses Code Interpretation.

1. Overview of New License Approval Process

Schleuning stated that staff has been developing procedures to ensure legal requirements are met, uniformity in practices, efficiencies, and general good business practices. She proceeded to review the procedure for a new license application including: overview; purpose; procedures such as design meetings, receipt of applications, initial application review, 10-day agency review period, public hearing notification, adjustments needed for 10-day agency review, board meeting public hearing, public hearing follow up and research, board meeting continued public hearing or consideration, license approval or denial, post-issuance compliance, communications and types of documents used during the process.

These documents may also serve the purpose to address LMCD 2017/2018 Strategic Plan initiatives such as training for board members, developing application checklists, and public educational materials.

Attorney Gilchrist also explained the importance of due process and the public hearing process. Also, he referenced that the conditions that are imposed must be considered reasonable. Conditions should not be dependent on a third-party input such as a neighbor. It is also challenging to get third party commitment.

It was also mentioned that where there is not a legal requirement, the intent of this policy and procedure is to be a guideline and subject to change depending on situations. Schleuning stated she will add some language to that effect.

2. Update First Draft New Code and Process

ITEM 6

Lake Minnetonka Conservation District Regular Board Meeting March 28, 2018 Page 2

Schleuning stated they are making some changes to the permit/license section. She has started to review it and it will take some time. Gilchrist stated they spoke and reviewed. They will get together in a few weeks to finalize the draft for board review.

3. Deicing Licenses Code Interpretation Schleuning stated she often receives requests about de-icing and wanted feedback from the board to make sure we are interpreting the code the same. There is some perception that no new deicing licenses were allowed. However, she reviewed the code section Section 2.09 regarding deicing equipment and the minutes from August 10, 2005 and it appears that new deicing licenses may be allowed if considered an eligible facility under Subd. 11. Gilchrist stated the use of “and” was a little confusing, but it seems logical that a, b, and c are stand-alone requirements. The board agreed with the interpretation.

The Work Session concluded at 6:58 p.m.

REGULAR SESSION 7:00 p.m. 1. CALL TO ORDER Green called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL

Members present: Jay Green, Mound; Gregg Thomas, Tonka Bay; Bill Cook, Greenwood; Gary Hughes, Spring Park; Dennis Klohs, Minnetonka Beach; Mark Kroll, Orono; Mike Molitor, Minnetrista; Andrew Punch, Excelsior; and, Chris Rich, Woodland; Also present: Troy Gilchrist, LMCD Legal Counsel; and, Vickie Schleuning, Executive Director.

Members absent: Dan Baasen, Wayzata; Ann Hoelscher, Victoria; Sue Shuff, Minnetonka; Jake Walesch, Deephaven; and, Deborah Zorn, Shorewood.

4. APPROVAL OF AGENDA

MOTION: Hughes moved, Thomas seconded to approve the agenda.

VOTE: Motion carried unanimously.

5. CHAIR ANNOUNCEMENTS There were no Chair announcements.


6. APPROVAL OF MINUTES- 03/14/18 LMCD Regular Board Meeting

MOTION: Thomas moved, Punch seconded to approve the 03/14/18 LMCD Regular Board Meeting

minutes as presented.


7. APPROVAL OF CONSENT AGENDA MOTION: Cook moved, Kroll seconded to approve the consent agenda as presented. Items so approved

included: 7A) Audit of Vouchers (03/16/18 – 03/31/18); 7B) Resolution Accepting Save the Lake Contributions (01/31/2018 – 03/19/2018).


8. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda (limited to 5 minutes) There were no public comments. 9. PUBLIC HEARING

There were no public hearings.

10. OTHER BUSINESS

A) 2017 Financial Audit Report

Steven McDonald, from Abdo, Wick & Meyers, LLP, reported on the completed 2017 audit and provided the following information by a PowerPoint presentation:

• Audit results include: o Unmodified opinion on financial statements. o No legal compliance issues. o One significant deficiency in internal control involving the preparation of financial statements. This

is consistent with agencies of small size and related to separation of duties. o Estimates were used on financial statements with pension liability and depreciation.

• General fund: Overall increase of about $59,000, with the fund balance at about $169,000 at the end of 2017. This was due to less expenditures and more revenue than budgeted.

• A history of the fund balance reserve. This is currently at $434,000, which is about 39% of the 2018 budget.

• Invasive Species Fund: Balance is about $85,000. It was under budget from revenue on grants and slightly over budget on expenditures. The fund balance reserve reflects 106% of the 2018 budget.

• Save the Lake Fund: Decreased by about $6,800, with the fund balance at about $164,000.


• Equipment Replacement Fund: Balance is about $118,000. Purchases include a harvester in 2012 and a boat lift in 2014.

Rich inquired if they anticipate any additional revenue for the AIS fund. Green responded there is nothing in addition to what has been budgeted. MOTION: Cook moved, Kroll seconded to accept the 2017 Financial Audit Repot as presented. VOTE: Motion carried unanimously.

11. OLD BUSINESS A) 2018 AIS Prevention Watercraft Inspection Program Follow Up

Schleuning reported that at the March 14 Board meeting the Board discussed various AIS programs and initiatives. They had questions about the use and conditions of a $10,000 grant from Hennepin County. Staff followed up with the agencies and provided the following information:

• The Hennepin County grant money can only be used for the watercraft inspection program.

• The Hennepin County grant that was awarded does not require the LMCD to match funds. However, if awarded a grant from the Minnehaha Creek Watershed District (MCWD), it would only provide up to 35% of the LMCD funding level. The LMCD could withdraw from the MCWD grant request or not accept the funds depending on the timing of the award.

Schleuning reported based on this information, they could have a watercraft inspection program with a rotating schedule for each access. She recommended they work with Three Rivers Park District (TRPD) to develop a schedule. She will forward a video to the Board from Hennepin County about AIS from the past year as well as other information. The zebra mussel has not spread to the same level that milfoil has, and part of this could be attributed to inspections and AIS education. Green stated with the majority of boats being transient, they are not likely to have zebra mussels attached. However, zebra mussels are found on milfoil, which is highly more likely to be spread by boats coming out of the water with weeds on them. MOTION: Cook moved, Green seconded to adopt Resolution No. 170 Authorizing a contract with Hennepin

County to accept a grant up to $10,000 for AIS prevention for watercraft inspections and authorizing a contract with Three Rivers Park District to implement watercraft inspections; he recommended they continue the application with the MCWD to see where it goes and make a decision on it later.

Klohs commented they all want to do the best job they can with limited funds. As funding continues to diminish, he suggested they send a letter to the cities indicating that without additional funds, this program may be eliminated. They should specify a 10 percent increase in the budget that would go directly towards


AIS prevention and request a vote and response from the City Administrator specifically stating what its Council’s positions are on this topic. He understands the argument to discontinue this program because there is no funding for it; however, they should directly engage the cities on this topic. Molitor inquired if the vote was for a 2018 inspection program only using the $10,000 grant from Hennepin County. Thomas noted Cook included in his motion they would continue the MCWD process and make a decision at a later date. He inquired what will change to allow them to make a decision at a later time. Green noted the budget would change if they can find money from another source. Molitor stated he understood the motion to include the $10,000 grant from Hennepin County. The MCWD grant request requires a contribution from the LMCD. If approved, the Board would then make a decision if they would pursue this option. Green explained they do not want to close the door on the grant opportunity, should they receive money. They cannot submit for the grant unless they have the money. Cook explained if the grant request is approved by the MCWD, the Board can consider what it will do. If there is an obligation for the money to be available now, he would strike that part of his motion and request it be a separate motion. Schleuning noted the grant request has already been submitted due to deadlines based on projection and MCWD is fully aware of the background of the request in full disclosure. VOTE: Motion carried unanimously. The Board recessed at 7:24 p.m. and reconvened at 7:26 p.m.

12. NEW BUSINESS

A) Resolution Approving 2018 Liquor Licenses for Watercraft for Hire

Schleuning referred to the list of 2018 Liquor License Applications for Watercraft for Hire on page 28 of the meeting packet. She noted the boat “Sara” is removed from the PaddleTap, LLC because they no longer own it. It is also recommended that its first port of call in Spring Park be removed for possible consideration at a future Board meeting in April. Hughes noted the application on this request has not yet been completed and he suggested the second port of call in Spring Park at Lord Fletchers also be removed. It is not on the next City Council meeting agenda. (Spring Park). If they receive a complete application, it will probably be part of the April 16 City Council agenda.


Schleuning stated approval of these licenses are conditional on approval of the ports of call from the cities, inspections by the agencies, and acceptance of insurance liability forms, and these are all included in the motion. The first port of call with PaddleTap is an expansion of what has been done in the past, and that is why they recommend it be considered at a later date. Thomas explained if this is approved tonight, it is contingent upon City Council approval. Hughes commented they do not have a completed application to start the 60-day rule. Gilchrist stated the 60-day rule applies to any zoning approvals required by the City and dock licenses issued by the LMCD. It is based on land uses and not liquor licenses. He agreed that if this is approved tonight, it is conditional on other approvals referenced earlier. Kroll inquired if Lord Fletchers or PaddleTap were requesting the permit. Schleuning responded PaddleTap is requesting Lord Fletchers be a port of call, which has typically been used. Green clarified that these ports of calls are not berths. Schleuning agreed and noted the berth storage is listed separately on the chart provided. MOTION: Molitor moved, Kroll seconded to adopt Resolution No. 171 Approving 2018 Liquor Licenses for

Watercraft for Hire licenses, on condition of satisfactory background investigations, receipts of signed Zoning Certificates for municipalities with Ports of Call, attendance at the annual training meeting, inspections, and other conditions as required.


13. TREASURER REPORT

There was no Treasurer’s report.

14. EXECUTIVE DIRECTOR UPDATE Schleuning provided the following information:

• The audit process has finished, and the financial workgroup will meet to consider budget items for 2019 and 2020. She thanked Board members for their assistance in filing with the IRS’s new system.

• They will be meeting with City partners to discuss ways they can work together on harvesting.

• They will be scheduling follow-ups to previous public hearings to discuss options with the City of Mound’s facilities.

• They have had several meetings with people who are looking at buying or selling properties on the lake.

• In the work session, they discussed procedures, best practices and continued education to the general public.


• Hennepin County has a brief AIS presentation that she will post on the website.

Molitor recalled they were projecting a year end surplus of either $9,000 or $13,000, but there now appears to be a surplus of $6,700. Schleuning noted the differences for the net profit are outlined in the line items. They will provide some highlights when the initial budget preparation process begins.

15. STANDING LMCD COMMITTEE/WORKGROUP UPDATE

Aquatic Invasive Species Committee/Taskforce: Green reported he was contacted by Dr. McCartney from the University of Minnesota Research Center about their project on St. Albans Bay, and he requested the LMCD provide a letter of support. MOTION: Cook moved, Thomas seconded to direct the Chair to provide a letter of support to the University

of Minnesota for the St. Albans Bay project. Punch requested a description of the project. Green explained the project is an extension of the Earthtec studies on zebra mussel veligers treatment that has been researched over the past few years. It is an ambitious project and will be conducted in July. VOTE: Motion carried unanimously. Budget Workgroup: Cook reported they will meet this week to put together draft budgets and scenarios. They plan to bring this to the Board at the next meeting. Communications Workgroup: Thomas reported they will meet again on April 3 at 8:30 a.m. at the LMCD office. Recodification Workgroup: Gilchrist reported staff continues to look at the draft and he looks forward to meeting with Schleuning. They will provide an updated draft to the Board soon. Save the Lake Committee: Thomas reported they would like the Board to come up with plans to celebrate the LMCD’s 50th Anniversary. He requested approval to spend about $2,500 to purchase commemorative items they could give out. MOTION: Thomas moved, Cook seconded to allow Save the Lake committee to spend up to $2,500 on

commemorative items related to the LMCD’s 50th Anniversary celebration. Green requested they choose items that are reasonable, so they do not have a lot of leftovers. He confirmed this amount would come from the Save the Lake fund. VOTE: Motion carried unanimously.


Molitor stated he has secured a booth at Minnetrista Days on Saturday, May 19 form 11:00 a.m. to 2:00 p.m. He will be there representing the City as well as the LMCD and requested additional help from Board members. Thomas agreed to help at this event. Strategic Plan Subcommittee: Schleuning reported they provided updates at the work session regarding strategic initiatives, including Board training materials and public education checklists. She will work with the Committee to update the dashboard. When she was presenting at the City of Shorewood, they indicated appreciation for the dashboard because it was easy to read. She is working on finding a solution on how to continue to document since the Excel cells have restrictions on size and requested Board input.

16. ADJOURNMENT

There being no further business, the meeting was adjourned at 7:49 p.m.

___________________________________ ___________________________________ James Jay Green, Chair Ann Hoelscher, Secretary

Item 7A

www.lmcd.org • [email protected]

To preserve and enhance the “Lake Minnetonka experience”

DATE: April 11, 2018

TO: LMCD Board of Directors

FROM: Vickie Schleuning, Executive Director

SUBJECT: Hennepin County Sheriff’s Office Funding Request

ACTION

Board consideration of a funding request from Hennepin County Sheriff’s Office to support

Water Patrol Services for Lake Minnetonka. The following motions are offered depending on

whether the Board wishes to approve or deny the request.

Approval:

I make a motion to approve the Hennepin County Sheriff’s Office funding request in the

amount of $_____ from LMCD Save the Lake funds to provide dedicated patrol services

to Lake Minnetonka during peak boating times and authorize staff to enter into an

agreement for these law enforcement and boater safety services.

Denial:

I make a motion to deny the Hennepin County Sheriff’s Office funding request for

dedicated patrol services to Lake Minnetonka during peak boating times.

BACKGROUND

Save the Lake funds have been used to supplement water patrol services for Lake Minnetonka

and ensure dedicated personnel are available during peak boating times. The Board has

recognized the need to provide a dedicated level of emergency and public safety services for the

highly-used Lake. This is similar to concepts used by cities, businesses, and associations to

provide or supplement public safety services for routine, special events, emergency services, etc.

For 2018, the Sheriff’s Office is requesting funding from the LMCD up to a maximum amount

of $30,000 for dedicated patrol services performed at the rate of $70/hour.

In the past few years, the LMCD has provided supplementary funding for dedicated patrol

services as follows:

• 2017 – Approved a maximum amount of $30,000 from LMCD Save the Lake funds for

services performed at the rate of $68/hour. The Hennepin County Sheriff’s office

reported service was provided over and above contracted hours for public safety.

• 2016 – Approved a maximum amount of $29,000 from LMCD Save the Lake funds for

services performed at the rate of $68/hour. The Hennepin County Sheriff’s office

reported service was provided over and above contracted hours for public safety.

• 2015 – Approved a maximum of $33,264 from LMCD Save the Lake funds for patrol

ITEM 12A

LMCD Board Memo HCSO Funding Request

April 11, 2018

Page 2

services performed at the rate of $63/hour. The Hennepin County Sheriff’s Office

reported service was provided over and above contracted hours.

At the February 28, 2018, LMCD Board Meeting, the Hennepin County Sheriff’s Office

presented an overview of statistics and services provided in 2017.

The Save the Lake Committee will have met on April 10, 2018. This item will have been

brought forward to the Committee, and any recommendation made by the Committee to the full

Board will be presented at the April 11, 2018 meeting.

CONSIDERATIONS

• Are funds available from Save the Lake donations or other LMCD funds?

• Does the funding of this position align with the LMCD mission and goals?

• Has the funding achieved results that provide a safer and enhanced Lake Minnetonka

experience?

• Is this an appropriate and desirable use of 1) general or 2) donated funds?

ATTACHMENT

• Hennepin County Sheriff’s Office Funding Request

• Hennepin County Sheriff’s Office Dedicated Services Agreement

1

Save the Lake Request for Funds

Applicant: Hennepin County Sheriff's Office

Contact:

Major Peter Dietzman

350 S. 5th Street, Room 6

Minneapolis, MN 55415

Phone: 612.543-0738

Fax: 612.348.4208

Email: [email protected]

Executive Summary:

The Hennepin County Sheriff's Office requests $30,000 to support dedicated Water

Patrol on Lake Minnetonka during peak boating periods. HCSO has been requested by

the Lake Minnetonka Conservation District (LMCD) to develop a program to provide

additional boating safety patrol hours on Lake Minnetonka. The program is designed to

add hours: 1) to focus patrol of Lake Minnetonka; 2) during times when use is highest;

and 3) during nighttime hours when accidents may occur. The grant period will start in

mid-May and end on Labor Day.

Over the past five years (2013-2017), Lake Minnetonka received 7,182 average hours

of Patrol coverage each year. This number includes the one additional, dedicated

Water Patrol Deputy funded by the LMCD grant. This deputy will add approximately an

additional 560 dedicated hours of patrol to Lake Minnetonka (40 hours/week x 14

weeks) during the course of the program.

ATTACHMENT

mailto:[email protected]

2

Project Description, Goals, Objectives, and Activities:

The Hennepin County Sheriff's Office is a full service Sheriff's Office with county-wide

jurisdiction and statutory mandates. The Sheriff's Office has nearly 300 deputies in

eight lines of business, and 25 special deputy volunteers that help to provide statutorily

required water safety and rescue on 104 lakes and 3 rivers across Hennepin County.

Provide a brief project timeline that lists major project activities and when they

will occur:

This funding request would allow for a specific commitment of personnel to Lake

Minnetonka during peak boating times of 1 p.m. - 11 p.m. (Thursday, Fridays, weekends

and holidays) from Memorial Day weekend through Labor Day. Specific breakdown is

below:

• March/April 2018, continued partnership funding request through the LMCD

• April 2018, grant funding announced

• April 30, 2018, staffing plan for Lake Minnetonka coverage for summer boating

season finalized

• May 2018, report made to LMCD on staffing plan for summer boating season

• May 28, 2018, Memorial Day, dedicated staffing begins

• July 10 2018, report made to LMCD on previous month staffing

• August 10, 2018, report made to LMCD on previous month staffing

• September 3, 2018, Labor Day, last day of dedicated staffing funded by grant

• September 10, 2018, report made to LMCD on previous month staffing

• October 15, 2018, grant close out report made to LMCD

Project Evaluation - Explain how the effectiveness and the success of the project

will be measured:

The primary goals and objectives for the project will be an increased presence of the

Hennepin County Sheriff's Office Water Patrol unit on Lake Minnetonka during peak

boating hours. This will be measured by Hennepin County Sheriff's Office providing

regular written reports to the LMCD outlining the personnel assigned to the lake, and

dates & times of service. The goal is to increase the amount of hours the Sheriffs'

Office devotes to Lake Minnetonka and decrease response times to critical incidents.

The total number of hours for 2018 will not be higher than last year's totals.

The success of the project will be measured by an increased number of monthly Water

Patrol hours spent on Lake Minnetonka, mid-May through Labor Day, using 5-year

average base for comparison.

3

The project success will also be measured by greater visibility during emergency

ordinance declarations, such as high water. This visibility will be measured by staffing

reports, listing personnel and shifts assigned to the Lake on days where emergency

declarations are in effect.

Key Project Personnel:

Lieutenant Kent Vnuk will be the project manager for this grant. Lieutenant Vnuk has

been assigned to Water Patrol on Lake Minnetonka for approximately 11 years and

has expertise in water safety and rescue operations and also has built relationships with

key constituencies around the Lake. Lieutenant Vnuk will assign staff for this duty,

ensure all grant requirements are met, and attend regular meetings of LMCD to report

out activity.

AGREEMENT

THIS AGREEMENT is made the 30th day of March, 2018, by and between the Lake

Minnetonka Conservation District, a Minnesota political subdivision, (hereinafter "LMCD") and

Hennepin County, on behalf of the Hennepin County Sheriff's Office (hereinafter "Grantee"). The

LMCD and the Grantee may hereinafter be referred to individually as a "Party" or collectively as the

"Parties".

1. BACKGROUND

1.1. Grantee has applied to the l.MCD for an allocation from the LMCD's Save the Lake Fund as

a grant to pay expenses for law enforcement and boating safety patrol services as described

herein.

1.2. The LMCD is willing to fund the activities pursuant to the terms of this Agreement.

2. SERVICES

2.1. Services. Pursuant to the terms herein, Grantee shall increase and enhance water patrol services

on Lake Minnetonka as described in Grantee's application, between 1:00 p.m. and 9:00 p.m.,

Thursdays, Fridays, weekends and holidays, from Memorial Day weekend through Labor Day

("Services"). Grantee may alter the hours as it determines is appropriate to effectively provide

the Services, provided there is no reduction in the minimum number of hours of Services.

Grantee shall perform Services in the manner and means determined by Grantee. Grantee

reserves the right, in Grantee's sole discretion, to perform or not perform Services.

2.2. Reports. Following completion of the Services, but not more often than once per calendar

month, Grantee will submit an invoice and, subject to applicable laws (including the Minnesota

Government Data Practices Act, Minnesota Statutes, Chapter 13 ("MGDPA")), a final report

to the LMCD describing the activity, the outcome and results of the activity, how the outcome

matched the goals and objectives described in the Grantee's application, and any anticipated

continuing impacts from the activity.

3. PAYMENTOFGRANT

3.1. Payments. LMCD shall pay Grantee for the hours of Services actually performed by Grantee's

personnel under this Agreement. Grantee shall invoice, and LMCD shall pay, for hours of

Services performed by Grantee personnel at the rate of Seventy dollars ($70.00) per hour. The

maximum amount that LMCD shall be obligated to pay hereunder shall be Thirty Thousand

Dollars ($30,000.00). Grantee shall provide a list of invoiced reimbursable expenses and, as

applicable, receipts or copies of receipts therefor. Only those expenses directly related to

providing the Services, as determined by the LMCD, are eligible for reimbursement under this

Agreement. The l.MCD will not be liable or responsible for pay any amounts, or reimbursing

any expenses, that exceed the scope of this Agreement or that are not otherwise eligible for

payment under this Agreement. The LMCD will pay invoices submitted by Grantee within

30 days of receipt of such invoices.

1 477214v2 TJG LKI10-50

ATTACHMENT

4. GENERAL TERMS

4.1. Term. This Agreement will commence on April 1, 2018 and will expire when the Services are

completed, a final report submitted, all invoices have been submitted and paid. LMCD's

obligation to pay Grantee is limited to Services performed from Memorial Day week-end

through Labor Day. The parties shall exercise reasonable efforts to complete performance

obligations herein prior to December 31, 2018.

4.2. Termination of Agreement. Either Party may terminate this Agreement for any reason upon 30

days' written notice to the other Party. Also, either Party may terminate this Agreement by

giving written notice to the other Party in the event the other Party is in material breach of

this Agreement and has failed to cure such breach within 10 days of receipt of written notice

from the other Party.

4.3. Independent Contractor. Grantee will act in all respects as an independent contractor under this

Agreement and will be solely responsible for performance of Services required hereunder as

well as the means and manner of performance thereof. The LMCD will not be an employer,

partner, or co-venturer with Grantee for any purpose. Nothing herein authorizes Grantee to

act as an agent or representative of the LMCD for any purpose whatsoever.

4.4. Contact. Major Peter Dietzman, [email protected] or his designee shall serve

as Grantee's contact throughout the term of this Agreement. The LMCD shall serve as the

contact for the LMCD.

4.5. Mutual Indemnification Obligation. Each Party will indemnify and hold harmless the other

Party and its representatives from all claims that may be asserted against the other Party that

result from the negligent acts or omissions of the indemnifying Party related to the performance

of this Agreement. Such right of indemnification will remain in full force and effect after this

Agreement terminates. Nothing in this Agreement shall be construed as waiving any exceptions

or limitations on liability available to either Party under law.

4.6. Data Practices. All of the data created, collected, received, stored, used, maintained, or

disseminated by Grantee in performing the Services are subject to the requirements of the

Minnesota Government Data Practices Act ("Act"), Minnesota Statutes, chapter 13 and shall

be maintained and released in accordance with the Act.

4.7. Representations. LMCD represents and warrants that this Agreement and the rights granted

herein shall not conflict with the terms of any other agreement, grant or obligations imposed

by a third-party funding source on the LMCD. To the extent a claim is made against

Grantee demanding forfeiture or other repayment of amounts due, payable or paid

hereunder, LMCD shall defend, indemnify and hold harmless Grantee from any such

claims, repayment obligation, cost, expense or liability related directly or indirectly thereto.

Grantee represents and warrants it has and can provide licensed and trained personnel, as

well as sufficient equipment, to enable it to provide the Services required under this

Agreement.

2 477214v2 TJG LKl 10-50


LMCD

LMCD warrants that the person who executed this

Agreement is authorized to do so on behalf of

LMCD as required by applicable articles, bylaws,

resolutions or ordinances*.

By:

Printed Name:

Printed Title:

Date:

4 477214v2 TJG LK!10-50

COUNTY ADMINISTRATOR APPROVAL

COUNTY OF HENNEPIN

Reviewed by the County STATE OF MINNESOTA

Attorney’s Office

By:

Assistant/Deputy/County Administrator

Department Director of

Date:

Date:

HENNEPIN COUNTY SHERIFF’S OFFICE CONTRACTOR

______________________________

Jeffrey R Storms

Chief Deputy

Hennepin County Sheriff’s Office

Date: ________________________

RESOLUTION NO. 172

A RESOLUTION SUPPORTING ADDITIONAL HENNEPIN COUNTY FUNDING FOR

ADDITIONAL WATER PATROL SHERIFF’S DEPUTIES ON LAKE MINNETONKA

WHEREAS, the Lake Minnetonka Conservation District (LMCD) is a regional

government agency established by Minnesota Statutes Section 103B.605;

WHEREAS, the ecological, recreational, and economic value of Lake Minnetonka is

enjoyed by many Minnesotans and visitors on an annual basis;

WHEREAS, the LMCD has adopted regulations regarding the operation of watercraft,

the sale and consumption of alcoholic beverages, and other activities that take place on Lake

Minnetonka to ensure the safe and enjoyable use of the Lake;

WHEREAS, the Water Patrol Deputies of the Hennepin County Sheriff’s Office assist in

enforcement of the LMCD Code on Lake Minnetonka;

WHEREAS, the LMCD has accepted voluntary contributions from Lake Minnetonka

residents and visitors for use that is beneficial to the health, welfare, and safety of the public,

including the funding of additional hours of patrol by Hennepin County Sheriff’s Deputies;

WHEREAS, the LMCD appreciates the efforts and continued partnership with the

Hennepin County Sheriff’s Office and Hennepin County;

NOW, THEREFORE, BE IT RESOLVED, by the LMCD Board of Directors as follows:

1. The LMCD encourages the Hennepin County Board of Commissioners to allocate

sufficient funding for additional Hennepin County Sheriff’s Deputies to be assigned

to the Water Patrol office serving the Lake Minnetonka area.

Adopted by the Board this 11th day of April, 2018.

_____________________________

James Jay Green, Chair

ATTEST:

_______________________________

Ann Hoelscher, Secretary

ITEM 12B

www.lmcd.org • [email protected]

To preserve and enhance the “Lake Minnetonka experience”

DATE: April 11, 2018

TO: LMCD Board of Directors

FROM: Vickie Schleuning, Executive Director

SUBJECT: Libbs Lake AIS Funding Request

ACTION

Board consideration of a funding request from Libbs Lake Association to support Aquatic

Invasive Species (AIS) management activities on Lake Minnetonka. The following motions are

offered depending on whether the Board wishes to approve or deny the request.

Approval:

I make a motion to approve the Libbs Lake Association’s funding request in the amount

of $_____ from LMCD Save the Lake funds to provide mechanical types of AIS

management activities for Lake Minnetonka.

Denial:

I make a motion to deny the Libbs Lake Association’s funding request for AIS

management activities for Lake Minnetonka.

BACKGROUND

On March 9, 2018, the LMCD received a request from Libbs Lake Association for funding as

part of the AIS management program in the amount of $5,000.

The LMCD harvester is not able to access this bay due to the harvester’s size. The bay has public

amenities with Libbs Lake Park and Swimming Beach. More details are provided in the attached

request.

In 2017, the Board provided supplementary funding for Libbs Lake Association AIS

management in the amount of $2,500.

CONSIDERATIONS

• Are funds available from Save the Lake or other LMCD fund accounts?

• Does the funding of this request align with the LMCD mission and goals?

• Is this an appropriate and desirable use of 1) general or 2) donated funds?

ATTACHMENT

• Libbs Lake Funding Request

ITEM 12C

Libbs Lake Save The Lake Funding Request For 2018 Libbs Lake Property Owners Assn. Contact – Tony Nickolay

Title – Libbs Lake Owners Assn. Committee Chairperson

Address – 3115 Lake Shore blvd. Wayzata Mn. 55391

Phone – C -952-836-4081

Email – [email protected]

Libbs Lake is a developed recreational bay on Lake Minnetonka. It contains 80+ landowners and is

home to the Libbs Lake Park and swimming beach. Controlling invasive species plants are a huge

ongoing problem for this shallow bay.

We are going to spend $12,500 and requesting $5000 two mechanical applications for the 2018

season. [ $5,000 for mechanical and $7,500 for herbicide treatments. ]

Project Description, Goals, Objectives, and Activities. –

The Libbs Lake Property Owners Association consists of four property owners and is actively

working to control plant invasive species on the bay with the highest preservation to all native

plants. In addition to this the association has made the commitment to improve communications and

to be more active in helping Libbs Lake be the recreational bay everyone wants it to be. It is a

growing location for swimmers, paddle boarders, canoers and kayakers. Due to the past weed

problems it has been difficult for people from the community accessing the bay at the public beach

to navigate thru the thick invasive weeds on the bay. In 2015 the bay was not given the proper care.

The invasive weeds got a little out of control. Attached are proposals for two chemical and one

harvesting treatments for 2018. Map also attached.

Project Timeline –

Warerfront Restoration LLC most likely be used for the Harvesting application. We will have them do

this applications in June and again in august.

Project Evaluation – Coordinating first with the Minnesota DNR on the permitting, then consulting

with Midwest Aqua Care and WaterFront Restoration should take care of the weed control. The

Libbs Lake Property Owners Committee will be assessing and reassessing the progress after each

weed treatment application.

ATTACHMENT


Key Project personnel – Tony Nickolay committee chairperson will be the lead person to manage and

direct this project. Robert Marque who has been on this committee for the last 20 years will also

consult as needed. Will will be the coordinator from Warerfront Restoration.

Project Budget -

DNR Permit - $1,200

First Mechanical Treatment - $2500

Second Mechanical Treatment - $2500

Harvesting Budget - $5,000

Herbicide - $7500

Thank you for your time and your ongoing support. On behalf of the entire Libbs Lake community

we look forward to your approval of our weed control budget and to an enjoyable 2016 season on

Libbs Lake.

lake minnetonka conservation district...

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